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Legal

Terms and Conditions

Last updated: July 02, 2024

On this page

  1. Agreement to terms
  2. Accounts and eligibility
  3. Description of Services
  4. Acceptable use policy
  5. Customer content and responsibility
  6. Billing, renewals, and refunds
  7. Suspension and termination
  8. Uptime commitment and service credits
  9. Backups and data loss
  10. Intellectual property
  11. Disclaimer of warranties
  12. Limitation of liability
  13. Indemnification
  14. Governing law and disputes
  15. Changes to these terms
  16. Contact us

1. Agreement to terms

These Terms and Conditions ("Terms") form a binding agreement between you ("Customer," "you") and Aeroneave Hosting Pty Ltd. ("Aeroneave," "we," "us") governing your access to and use of aeroneavehosting.com and any hosting, domain, email, or related services we provide (collectively, the "Services"). By creating an account, purchasing a plan, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

3. Description of Services

Aeroneave provides shared hosting, managed WordPress hosting, VPS hosting, dedicated servers, domain registration, and related add-ons as described on our Pricing page. Features, resource limits, and specifications for each plan are as published at the time of purchase and may be updated for future billing cycles with reasonable notice.

4. Acceptable use policy

You agree not to use the Services to:

  • Host or distribute malware, phishing pages, or content designed to compromise other systems.
  • Send unsolicited bulk email ("spam") or operate open mail relays.
  • Infringe the intellectual property, privacy, or other rights of any third party.
  • Host content that is illegal in the jurisdictions where our data centers operate, including child sexual abuse material, which we report to appropriate authorities without exception.
  • Attempt to gain unauthorized access to other customers' accounts or to Aeroneave's infrastructure.
  • Run resource-intensive processes that materially degrade service for other customers on shared infrastructure, including but not limited to cryptocurrency mining on shared plans.
  • Use the Services in a manner that violates applicable export control or sanctions laws.

We investigate reported abuse and reserve the right to remove content, suspend, or terminate accounts that violate this policy, as described in Section 7.

5. Customer content and responsibility

You retain all ownership rights in the content, code, and data you upload to your hosting account ("Customer Content"). You are solely responsible for Customer Content and for ensuring you have the necessary rights and permissions to host it. Aeroneave does not monitor Customer Content proactively but may review it in response to abuse reports or legal process.

6. Billing, renewals, and refunds

Fees are billed in advance for the billing cycle selected at signup (monthly or annual). Plans renew automatically at the then-current rate unless canceled before the renewal date. New customers on eligible plans may request a full refund within 30 days of initial signup; domain registration fees, SSL certificates, and other third-party pass-through costs are non-refundable once purchased. Refund requests after the 30-day window are evaluated case by case.

7. Suspension and termination

We may suspend or terminate access to the Services, with or without notice, if: payment is overdue, you violate the Acceptable Use Policy, your account poses a security risk to our network or other customers, or as required by law. Where practical, we will attempt to notify you and provide an opportunity to resolve the issue before termination. You may cancel your account at any time through your customer dashboard or by contacting support.

8. Uptime commitment and service credits

We target 99.99% network and power uptime, measured monthly, excluding scheduled maintenance windows (which we announce at least 24 hours in advance) and outages caused by factors outside our reasonable control. If we fail to meet this target in a given month, eligible customers may request a service credit toward a future billing cycle, calculated as a percentage of that month's fees based on the duration of qualifying downtime. Service credits are the sole remedy for uptime shortfalls.

9. Backups and data loss

Automated backups are provided as described in your plan, as a convenience and not a guarantee. You are responsible for maintaining independent backups of critical data. Aeroneave is not liable for data loss resulting from hardware failure, software error, customer action, or events beyond our reasonable control, except where required by applicable law.

10. Intellectual property

The Aeroneave name, logo, and Site design are the property of Aeroneave Hosting Inc. and may not be used without written permission. These Terms do not grant you any rights to Aeroneave's trademarks or proprietary software beyond what is necessary to use the Services as intended.

11. Disclaimer of warranties

The Services are provided "as is" and "as available." Except for the uptime commitment in Section 8, Aeroneave disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law.

12. Limitation of liability

To the fullest extent permitted by law, Aeroneave's total liability arising from or related to the Services will not exceed the amount you paid us in the twelve months preceding the claim. Aeroneave is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if advised of the possibility of such damages. Some jurisdictions do not allow these limitations, so they may not apply to you.

13. Indemnification

You agree to indemnify and hold Aeroneave harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of any law or third-party right.

14. Governing law and disputes

These Terms are governed by the laws of the State of Oregon, USA, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will be resolved in the state or federal courts located in Multnomah County, Oregon, and you consent to the jurisdiction of those courts, except where applicable consumer protection law requires otherwise.

15. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated to active customers by email at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

16. Contact us

Questions about these Terms can be directed to:

Aeroneave Hosting Inc.
Attn: Legal Department
500 Skyline Avenue, Suite 220
Brisbane QLD 4000
[email protected]

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